Solano Gets Surprising New Judge / Wilson appointee is county public defender

Charlie Goodyear, Chronicle Staff Writer

Published 4:00 am, Saturday, November 29, 1997

1997-11-29 04:00:00 PDT FAIRFIELD -- In a political and legal shocker, Governor Pete Wilson has tapped a public defender with a reputation for representing some of Solano County's most notorious defendants as the county's newest Superior Court judge.

A year ago, Peter Foor was a virtual unknown among a crowded field of prosecutors, private attorneys and Municipal Court judges jockeying for a bench spot created by the Legislature.

But Foor, a 13-year veteran of the Solano County Public Defender's office described by friends and colleagues as a consummate insider, was apparently leaving nothing to chance. About the same time he decided to send his name up to Sacramento for consideration, Foor cut off the ponytail he sported for years in court.

"I'll let you draw your own conclusions," he said earlier this week with a knowing smile. "Or as my clients would say, it's a total coincidence."

Foor, 53, defies easy definition. He served as a Marine lieutenant in Vietnam and was decorated in 1968 for leading his troops in a firefight with the North Vietnamese army near Da Nang. He was a deputy district attorney in Tulare County from 1973 to 1975, then worked in private practice before becoming a public defender in 1984.

He has handled what one attorney called the county's "most obnoxious cases." But Foor, who voted for Wilson, says he has a "moderately conservative" philosophy and called himself the office's "closet conservative."

Although news of his appointment is only days old, Foor has already learned how to act like a judge. He declined to talk specifically about the many high-profile murder cases he has handled over the years. And part of his reticence may stem from the quietly effective manner -- as opposed to the bombastic stereotype of defense attorneys -- he has adopted in court.

"There are a lot of people who do a lot of unnecessary talking," Foor said. "It should be more about refining your goals so that you know exactly what part of your case you're trying to get across to your jury. I also think I owe a large part of my success to being as selective as possible when it comes to taking a case to trial."

Foor estimated that he has won well over half of his more than 200 jury trials.

One of the most celebrated defendants he represented was Shawn Melton, a self-styled private investigator accused of kidnapping and strangling a 6-year-old Vallejo boy.

After two trials ended in hung juries in the summer and fall of 1988, Melton was freed. Foor presented a vigorous defense in both cases, attacking police interrogation techniques and arguing that his client had become a scapegoat for frustrated investigators.

And although Foor didn't want to talk about the Melton case, it still resonates strongly with him. Sketches by a courtroom artist of one of the trials hang in his small corner office.

His boss, Solano County Public Defender Marvin Brookner, conceded that he will be hard-pressed to replace Foor.

"He's the best trial attorney in the office," Brookner said. "He's the person who can take any case with any judge. He's walked that fine line while not alienating anyone."

Foor concedes that his appointment is unusual. "I think the governor has only elevated two or three public defenders to the bench throughout the state," he said. "I guess I'm an endangered species."

And if defense attorneys think they're going to have it easy with Judge Foor, they might think again.

"I've been an advocate for both sides," said Foor, who called his appointment "the next logical step" in a long legal career.

Still, the news shocked people who have mostly known Foor in his defense role.

"Everyone was surprised that it wasn't another prosecutor," said veteran defense lawyer Daniel J. Russo. "I know Peter, but I'll wait to see if the chemical in the robe gets to him."

Foor will be sworn in as the county's 16th judge in January. Aside from getting used to being a judge, Foor will also have to quickly brush up on local politics.

He faces his first election in June, and some local observers predict he'll have a tough fight from challengers who plan to make the most of his record defending alleged murderers, rapists and child molesters.

Foor declined to comment specifically on the election, but he called it a distraction from his new judicial duties.

"I'll smash them," he said of any potential rivals. "I have a very, very strong base in this county and terrific support from the district attorney's office, the private bar and the bench."

A native of Carlisle, Penn., Foor grew up in the Bay Area and is a graduate of Whittier College and Golden Gate University School of Law. He and his wife live in Fairfield.

Asked how he would liked to be remembered by fellow defense attorneys and the prosecutors he did battle with, Foor said, "As someone who was a strong advocate for my clients but who always operated in the rules of the game.

"What I'll remember most are the rewarding moments after an acquittal where clients put their arms around me and said they really felt the system worked for them."

Latest from the SFGATE homepage:

Click below for the top news from around the Bay Area and beyond. Sign up for our newsletters to be the first to learn about breaking news and more. Go to 'Sign In' and 'Manage Profile' at the top of the page.